- INTELLIGENT RESISTANCE -
Free. Fair. Fearless. Intelligentsiya is made up of Fiji Islanders who are libertarians in their own way and who cherish the free flow of news, ideas and information and will peacefully resist any attempts by the country's military rulers to stifle free speech. intelligentsiya will also bear witness, report and discuss human rights abuses by the authorities.

August 24, 2012

The Prime Minister and Minister for Finance today a at a signing ceremony executed the Agreement for Sale and Purchase of shares in Fiji Diary Ltd (FDL) to Southern Cross Foods Ltd (SC Foods).

"This is the culmination of a long process undertaken by my Government to revitalise and modernize the diary industry in Fiji," the Prime Minister said. "The industry has been riddled with problems as such mismanagement, corruption, inefficiency, and outdated infrastructure and technology." "Now with the participation of the private sector, in this case SC Foods, we will, through various initiatives by them and concomitant incentives by Government, focus on increasing local production and capacity.""SC Foods shares Government's vision to encourage domestic milk production and work toward self-sufficiency in order to reduce Fiji's reliance on imported dairy products," the Prime Minister said. "At the moment the industry is meeting less than 15% of Fiji's liquid milk demand of 70-80 million litres per annum."In 2010, Government supported and provided funds for the restructure of the Rewa Cooperative Dairy Company Limited (RCDCL).

The restructure sought separation between the processing and supply functions, in order enhance the efficient operation of the dairy business. The RCDCL was re-organised into FDL, as the processing company, and Fiji Cooperative Dairy Company Limited (FCDCL), as the farmers/suppliers cooperative company.

The primary conditions of sale are: that FDL, under SC Foods, will, at least for the next 10 years, purchase all the milk produced by FCDCL; that FCDCL will in turn sell all its milk to FDL; that the 20% Class B shares in FDL held by the farmers will not be diluted; and that concessionary duty rates will be provided to FDL to ensure growth in local production.

SC Foods, in purchasing FDL, will take over the company's liabilities, currently at $17 million. On top of taking over the debt of FDL, SC Foods will pay a minimum of $10 million for the purchase of the shares from Government.

Furthermore, as part of the conditions subsequent, SC Foods will by 31 December 2012 commence work on a 350 acre dairy farm in Waidina involving a minimum of 150 cows. It will also, within 4 months of settlement, install two chilling centres in the Western Division and within 3 years upgrade and modernise the plant and machinery at the existing factory. These conditions subsequent will need to be carried out to the reasonable satisfaction of Government.

As part of the Sale and Purchase Agreement Government has obtained a guarantee of $2 million from SC Foods and its directors in their personal right, which will be recovered by Government in the event the conditions subsequent are not met.

The Prime Minister said, "Government through all its ministries and agencies will assist the private sector in meeting this short fall and focus on providing direct assistance to farmers by way of providing improved animal husbandry accessibility, improved herd quality to increase milk production and improved feed quality at competitive pricing."

August 20, 2012

The Labour Ministry will implement the final Wages Regulation Order after due process is completed as required under the Employment Promulgation Order.

Labour Minister Jone Usumate made the response after Father Kevin Barr resigned as the chairperson of the Fiji Wages Council last Friday in protest after government deferred the Wages Regulation Order to October.

Usumate said neither he nor his Permanent Secretary Taito Waqa had received any formal resignation from Father Barr.

Usumate clarified that the ministry is just following the good faith consultation process required under the Employment Promulgation Order and Father Barr has just thrown in the towel before the consultation process is completed.

He said he respects the wish of Father Barr if he wants to resign but asserted that government will ensure that the rule of law prevails and the good faith process of consultation will not be side tracked by emotions or politics.

He said in view of the significant numbers of objections he received against the proposed Wages Regulations Orders put forward by the Wages Council , he has referred these objections to the chairperson of the wages council for reconsideration under the powers vested upon him.

He said Father Barr should have the patience and independency to complete his assignment and review the proposed Wages Regulation Orders through the Wages Council before recommending to the minister the councils final proposals on the orders.

The minister said that government fully appreciates and acknowledged the tireless efforts of Father Barr as chairperson of the wages council and all members of the re-constituted wages council on their two year terms of appointments since 2008.

He said government is fully committed to social justice for workers in ensuring fair wages that are also affordable to employers.

The Fiji Employers and Commerce Federation has slammed comments by former chairperson of the Fiji Wages council Father Kevin Barr that Government allows employers to dominate the 10 wages regulation without taking into consideration the plight of the workers.Father Barr has resigned as the Chairperson of the Fiji wages council in protest after Government deferred the Wages Regulation Order to October.Father Barr had earlier said that the wages for 10 sectors will increase by at least 9% from Wednesday. However, Labour Minister Jone Usumate said the Wages Regulation Order has not been gazetted and the final Wages Regulation Order may be completed by October. Father Barr said he was not even consulted about this which is the third delay in four years. He said some employers opposing the wages orders have been having their way with government.

However, CEO of the Fiji Employers and Commerce Federation Nezbit Hazelman said Father Barr’s comments are irresponsible.

Usumate had said under the requirements of the Employment Promulgation Order, when the Wages Council makes a draft Wages Regulation Order, the public are invited to make comments that need to be taken into consideration by the council.

Meanwhile, the Fiji Labour Party has commended the principled stand taken by Father Barr.

Some of the pay increments requested by the Fiji Wages Council for the 10 sectors were unreasonable. Fiji Commerce and Employers Federation CEO, Nezbitt Hazelman said some employers had opposed the wage regulation as in some cases the wages council was requesting a 15 percent increase.

Hazelman made the comments after Father Kevin Barr resigned as the Chairperson of the Fiji Wages Council in protest after Government deferred the Wages Regulation Order to October.

Father Barr claimed that the Government allowed employers to dominate without taking into consideration the plight of the workers.

However, Hazelman said proper negotiations need to be followed.

Father Barr had earlier said that the wages for 10 sectors would increase by at least 9% from last Wednesday.

However, Labour Minister Jone Usumate said the Wages Regulation Order had not been gazetted and the final Wages Regulation Order may be completed by October.

Labour Minister Jone Usumate had said under the requirements of the Employment Promulgation Order, when the Wages Council makes a draft Wages Regulation Order, the public are invited to make comments that need to be taken into consideration by the council.Story by: Sofaia Koroitanoa

THE Ministry of Labour, Industrial Relations and Employment has not received any formal notice of Wages Council chairperson Father Kevin Barr's resignation.

Minister Jone Usamate last night confirmed this saying neither he nor his permanent secretary Taito Waqa had received any formal resignation.

Fr Barr told this newspaper in an exclusive interview that he had resigned from his position on Friday in protest for workers on poor wages because of the decision to put on hold the 10 new Wages Regulation Orders (WROs) 2012 until October-end this year.

He had also reasoned that the government was allowing employers to dominate the 10 WROs without considering the workers' plight.

In response, Mr Usamate said the ministry would implement the final WROs after due process was completed as required under the Employment Relations Promulgation 2007 (ERP).He said the ministry was just following the "good faith consultation" process required under the ERP.But he added: "Father Barr has just thrown in the towel before the consultation process is completed.""Fr Barr should have the patience and independency to complete his assignment and review the proposed WROs through the respective Wages Councils before recommending to the minister the councils' final proposals on the WROs," Mr Usamate said.

He said that final phase in the consultation process was required under Section 54(6) of the ERP that stated the minister may refer the proposed WRO to the respective Wages Council for reconsideration if he had concerns or reservations about it.

WAGES Council chairman Father Kevin Barr resigned from his position yesterday.

Confirming this to The Fiji Times, Fr Barr said he resigned in protest for workers because of government's decision to put a hold on the 10 new Wages Regulations Orders 2012 until October 31.

He said another reason for his resignation was because the government was allowing employers to dominate the 10 Wages Regulations Orders without taking into consideration the plight of the workers.

"The Wages Council made three submissions in the last four years seeking an increase in the wages for workers but it was deferred by the government every time the matter was put forward," he said.

He said the employers were given utmost priority in Fiji while the workers had been suffering with low wages.

"For how long will the workers suffer and for how long will they live in poverty?" he asked.Fr Barr said many studies had proven that low wages in Fiji were one of the biggest factors leading to poverty.He said a lot was being said but little done.Attempts to get a comment from Minister of Labour Jone Usamate and permanent secretary Taito Waqa were unsuccessful.However, a Ministry of Information statement said that the Ministry of Labour, Industrial Relations and Employment gave notice that the Wages Council, in accordance with section 54 (b) of the Employment Relations Promulgation 2007, had deferred the effective date of the 10 new Wages Regulations Orders 2012 from August 15 to October 31 in order for the respective wages councils to review all submissions made by the stakeholders.Fr Barr said his protest was for all workers in Fiji who have been suffering by receiving low wages over the years."Workers in Fiji cannot protest like those in other countries so I am protesting in their name," Fr Barr said."Every time in Fiji you hear someone somewhere is trying to alleviate poverty. How can you do this when the root cause of poverty is not being addressed?"He said he is taking a stand for justice of workers in Fiji.

Fr Barr outlined that he was told by government that the reason for the 10 Wages Regulations Orders to be put on hold until October 31 was to take into consideration the objections made against the order by the employers.

"The common objections against the order from the employers were that they cannot afford the increase or it was too high," he said.

Fr Barr asked "for how long will the people suffer when the cost of living is increasing nearly everyday."

He said the eight to 15 per cent increase in the wages for workers in the ten employment sectors including printing trades, wholesale and retail trades, hotel and catering trades, garment industry, sawmilling and logging industry, road transport, building and civil and electrical engineering trades, manufacturing industry, mining and quarrying industry and security services was not a big request.

Fr Barr said he would like to be in a job that helps the poor but constantly finds that his job is frustrating due to the limitations and actions imposed by few.

The review was highlighted in a notice from the Ministry of Information that stated: “The Ministry of Labour, Industrial Relations and Employment hereby gives notice that the Wages Council, in accordance with section 54 (b) of the Employment Relations Promulgation 2007, has deferred the effective date of all the ten new Wages Regulations Orders 2012 from August 15 to October 31, 2012 in order for the respective Wages Councils to review all submissions made by the stakeholders.”

Several industry bodies had expressed concern about the perceived conflicting messages coming from the Wages Council, chaired by Father Kevin Barr, about the proposed increase.

Fiji Hotel and Tourism Association chief executive Michael Wong said in a message to members on Wednesday: “We are aware of the confusing messages coming out on the proposed Wages Council orders that was supposed to come into effect, 15th August, 2012.

“Further confusion was caused by the public comments by the Chairman of the Wages Council that implied that a decision has been reached.

“Your secretariat has been seeking confirmation as to whether the messages has been agreed to by the Minister for Labour and that the Wages Regulation Order has been gazetted.”

Some industry bodies are understood to have similar concerns about the impact of proposed rises in pay levels would have on Fiji’s international competitiveness.

The people of Fiji are being urged to express their views to the Constitution Committee “without fear”.The chairman of the Constitution Commission, Professor Yash Ghai, said people were free to make their views known to the Commission on any issue they felt should be catered for in the new Constitution.

“We encourage the people to make their views known without any fear,” Professor Ghai told the Fiji Sun yesterday.

“This is the very essence of having the public consultations – to give the people of Fiji an opportunity to take part in the process and speak their minds freely.” The Commission, he said would like to encourage people of all ethnic groups to come out and participate in the process.

When asked about his assessment on the submissions made Professor Ghai said the submissions received so far covered a wide range of issues from land issues, human rights, role of the chiefs, electoral system, affirmative action programmes, women’s rights, rights of the children and bread and butter issues.

The Commission had started work in Viti Levu, mainly in the Central Division. According to the timetable, submissions started on July 2 and will end on September 30.

Professor Ghai also told the Fiji Sun that they remain committed to their December deadline and would only seek an extension “If there is a need”.

“This is an opportunity for them to come forward and tell us what they would like to see in the new Constitution,” Professor Ghai said.

Prime Minister Voreqe Bainimarama is calling on those who he calls the “silent elites” to start working towards shaping the nation.

Bainimarama made the comments at the opening of the 2012 CPA Australia-Fiji Branch Congress in Nadi this morning.

The Prime Minister did not mince his words as he says in the past accountants, business people and professionals have shied away from such nation building processes.He says all should be part of the ongoing electronic voter registration and constitution consultations.Bainimarama says too often in the past, some of the above have put forward their agendas through the mouths of others, and have not come forward themselves.He adds that some accountants, lawyers, engineers and other professionals actually are the movers and shakers in the country, but only behind the scenes.

Bainimarama says each and every Fijian has something of value to contribute to the commission, through her or his unique experience and individual knowledge and reiterates they must no longer remain silent.

He further adds there is a need to break away from pattern of the past , when professionals were content to attend forums, and leave the reform processes to others—to the political parties and the other groups that have traditionally held power in Fiji- what he calls the “vocal elites.”

Commodore Voreqe Bainimarama stressed that he will remain the Prime Minister and Army Commander of the country.

This follows comments made by Suva lawyer Rajendra Chaudhry that Commodore Bainimarama should make up his mind.

“I think that it is about time Bainimarama also decides whether he wants to be a politician or an Army Commander. He cannot do both because there is a very clear conflict of interest and the Public Service Regulations address this. So why is there special exception for this man.”

The Prime Minister said Chaudhry and the Labour Party leader cannot do anything about him holding both positions.

“I have been both the Prime Minister and Army Commander in the last six years because of the circumstances that we have been through and people have accepted that widely but I’m going to be the Commander RFMF and Prime Minister for the next two years until elections and unfortunately for him and his father there is nothing they can do to change that.”

Rajendra Chaudhry also questioned why Commodore Bainimarama is raising concern about the constitution submissions being given by other organizations.

“It should not be influenced in any manner, shape or form by anybody, least of all by the Interim Prime Minister Mr Bainimarama who is obviously an interested party in the proceedings of the Constitution Commission and they are making comments on submissions by other political parties or NGOs. That is not proper for him to do. Let the people express their views, let the commission record those views.”

Commodore Bainimarama said it is interesting that Chaudhry has changed his view on these matters when his father is no longer in government.

“I heard very briefly his attack on me yesterday. Of course he was calling me the Interim Prime Minister and of course the interim government. His memory is very short. Things have changed very quickly with Rajendra Chaudhry. Nothing was interim when his father was in government a few years ago. In addition to that he was also attacking my supposed interference in the whole process. He has been speaking out exactly on the same note against what we are talking about so obviously he can speak out but we can’t. That’s what he is saying.”

Chaudhry has also said that the Constitution Commission should not be bound by any of the non-negotiable principles set out by the Prime Minister.

He said no matter what the non-negotiables are, if majority of the people think otherwise then the commission should take their point of view.

Commodore Bainimarama said the non-negotiables for the constitution are important because it is aimed at eliminating discrimination and race based policies.

He said it seems Rajendra Chaudhry has forgotten so quickly that in 2000, he and his father were put in one of the rooms in parliament for 56 days.

The Prime Minister said the non-negotiables in the next constitution is to bring about an environment that will stop people from doing the same thing they did in 2000.

Indo-Fijians are being urged by the Constitution Commission to come out in numbers to make submissions for the new constitution.

Commission chair- Professor Yash Ghai has raised concern on the lack of submission filed so far by the Indo-Fijian community.

Ghai believes that many haven’t come forward for fear of repercussions.

“People say they are afraid. There are too many decrees which inhibit speech and they are afraid that they might be saying things that they might be prosecuted for. But the decree actually says that any statements made to us whether in writing or orally is protected against any legal, criminal or civil proceedings.”

He stresses the need for all Fijians of every ethnic background to come forward and help shape the constitution.

Prime Minister Commodore Voreqe Bainimarama is calling on accountants, business people and professionals to participate in the important political, constitutional and electoral reforms underway in Fiji.

While speaking at the 15th CPA Australia-Fiji Branch Annual Congress in Nadi this morning, Bainimarama told the participants that accountants, business people, lawyers, engineers and other professionals have tended to shy away from such nation building processes in the past.He said they have put forward their agenda through the mouths of others and have not come forward themselves.

However Bainimarama said that each and every Fijian has something of value to contribute to the Constitution Commission through their unique experience and individual knowledge and they must no longer remain silent.

“The business community has a particularly important role to play in this process. Your unique insight is essential to ensure that we achieve the best results possible. You must be a part of the process, and your views must inform the finished product. We need to break away from the patterns of the past, when professionals were content to attend forums such as this, and leave the reform processes to others - to the political parties and the other groups that have traditionally held power in Fiji - what I call the “vocal elites”. The fact is that professionals bring to the table skill sets that a Government would need."

Bainimarama said that while this is a platform for all Fijians, including political groups and NGOs, there is a need to ensure that careful attention is paid to those who have not participated in any such process before and to encourage those who have historically been unheard, either by circumstance or by choice.

THE commentary by Elke Larsen ("Normalisation shows isolating Fiji has failed", 15/8) shows nothing of the kind. What it does show is the reality that the US blindly continues to ignore the policy lessons of its long and inglorious record of snuggling up to dictators where it perceives its interest to be served.

Larsen's misconceptions and naive assumptions are too numerous to list but the reliance on a poll that even those in the junta take with a bucket of salt and the notion that the military has played a positive developmental role are especially disappointing.More worrying is the apparent effect this view from Washington has had on Australian policy towards a dictatorship declared illegal by its own appeals court and which has reneged on every promise it has made to its own people.It took Foreign Minister Bob Carr all of 24 hours to complete a U-turn on Fiji after declaring he saw no reason to ease sanctions. This, of course, would have had nothing to do with a State Department that has forgotten its ambassador's assessment of Frank Bainimarama as a bully with whom a psychiatrist would have a field day.So what has changed? The answer is China, whose growing influence in the Pacific has the US worried - and rightly so. It has become Bainima-rama's best friend - or so he thinks - and the US wants to counter that by buddying up. So Australia had damn well better do the same.But the question doesn't seem to have been asked - far less answered - in Canberra: how is Australia's interest served by caving in to a dictatorship that controls the media, restricts church gatherings, assaults dissenters, fingerprints all telephone owners and insists any new constitution will give the military immunity for its admitted crimes? Perhaps Carr could let us know.

Fiji's Prime Minister, Frank Bainimarama, has warned the academic charged with drafting the Pacific nation's new constitution to concentrate on his job and not get involved in politics.

Commodore Bainimarama, who seized power in a 2006 coup, rejected calls by Constitutional Commission chairman Yash Ghai for greater freedom in Fiji, saying the Kenyan did not properly understand the situation in the country.

"The comments by the chair are unfortunately misplaced... none of the laws currently in place stop any Fijian or hinder any Fijian from making any submission to the commission on any topic," he told the Fiji Village news website.

Mr Ghai was appointed earlier this year to prepare a new constitution ahead of elections scheduled for 2014, with Commodore Bainimarama hailing him at the time as an "internationally renowned constitution and human rights expert".

He has previously helped frame constitutions in his native Kenya and Nepal.

But the coup leader has accused Mr Ghai of being swayed by critics of his government and appeared to question the independence of the five-person commission that he heads.

"The commissioners should not be giving a running commentary on the proceedings, they should be completely independent," he said.

"They should not give preferential treatment to certain segments or individuals in society who they meet privately and they should adhere to the laws in Fiji."

Fiji repealed emergency powers earlier this year that gave the government sweeping powers but critics say freedom of speech, the media and the right to hold public meetings are still restricted.

The country has experienced four coups since 1987, largely stemming from tensions between indigenous Fijians and ethnic Indians descended from sugar plantation labourers brought in by the British during the colonial era.

Prime Minister Bainimarama said Mr Ghai had been pressured by opposition politicians, trade unionists and non-government organisations to make statements about the situation in Fiji without grasping the complexities of the situation.

Fiji's military strongman Voreqe Bainimarama on Thursday warned the academic charged with drafting the Pacific nation's new constitution to concentrate on his job and not get involved in politics.

Fiji's military strongman Voreqe Bainimarama, pictured in 2009, warned the academic charged with drafting the Pacific nation's new constitution to concentrate on his job and not get involved in politics.

Bainimarama, who seized power in a 2006 coup, rejected calls by Constitutional Commission chairman Yash Ghai for greater freedom in Fiji, saying the Kenyan did not properly understand the situation in the country.

"The comments by the chair are unfortunately misplaced... none of the laws currently in place stop any Fijian or hinder any Fijian from making any submission to the commission on any topic," he told the Fiji Village news website.

Ghai was appointed earlier this year to prepare a new constitution ahead of elections scheduled for 2014, with Bainimarama hailing him at the time as an "internationally renowned constitution and human rights expert".

He has previously helped frame constitutions in his native Kenya and Nepal.

But Bainimarama accused Ghai of being swayed by critics of his government and appeared to question the independence of the five-person commission that he heads.

"The commissioners should not be giving a running commentary on the proceedings, they should be completely independent," he said.

"They should not give preferential treatment to certain segments or individuals in society who they meet privately and they should adhere to the laws in Fiji."

Fiji repealed emergency powers earlier this year that gave the government sweeping powers but critics say freedom of speech, the media and the right to hold public meetings are still restricted.

The country has experienced four coups since 1987, largely stemming from tensions between indigenous Fijians and ethnic Indians descended from sugar plantation labourers brought in by the British during the colonial era.

Bainimarama said Ghai had been pressured by opposition politicians, trade unionists and non-government organisations to make statements about the situation in Fiji without grasping the complexities of the situation.

Suva lawyer, Rajendra Chaudhry said the Constitution Commission should not be bound by any of the non-negotiable principles set out by the Prime Minister.

Chaudhry said no matter what the non-negotiables are, if majority of the people think otherwise then the commission should take their point of view.

“There should be no pre-conditions set on what the constitution commission is to put in it’s final report. It should I think contain what the people have said and Bainimarama cannot set the parameters of the outcome of the commission report. That needs to be made absolutely clear to him. He is gotta stop bullying the process. He must recognize it and respect this commission. The constitution is above Bainimarama or any citizen. It will be the supreme document of the land and for that it must reflect the wishes of the people. At the end of the day it is what the people think and the people decide that should matter. Not a person by the name of Voreqe Bainimarama. As it is, he has no legitimacy.”

Rajendra Chaudhry questions who is Commodore Bainimarama to set the guidelines and parameters for the new constitution.

“He cannot be making these pre-emptory statements to try and influence which I do not think will be successful for the commission to think the way he thinks and similarly on the issues of the non-negotiable principles. It is not for Bainimarama to lay down the guidelines for constitution review and if the views of the people in great majority say there should not be any non-negotiable principles then that is something I’m sure the commission will give due consideration. At the same time while you may not agree with what other submittees are saying, you must respect their right to say what they are saying. It is a basic right.”

Commodore Bainimarama said the non-negotiables for the constitution are important because it is aimed at eliminating discrimination and race based policies.

“He has forgotten very quickly that in 2000, him and his father were put in one of the rooms in parliament for 56 days. The non-negotiables we trying to put into the next constitution is to bring about an environment that will stop him and his father from being put in the cell again as it was done in 2000, not that his father is going to come back into leadership position of this country, God forbid. But one of the reasons why he is attacking the non-negotiables, we know that the Labour like SDL don’t want one man one vote one value. They don’t want that. They want the communal voting still in place. In fact they want the 1997 constitution brought back, in fact they want us to go back to the judgement of 2009 and for us to go back to the SDL and Labour in government.”

The non-negotiable principles include a common and equal citizenry, a secular state where there is no official religion and no religion will be given preference by the state, elimination of discrimination, one person one vote one value, the elimination of ethnic voting, social justice and the removal of systematic corruption.Meanwhile, on the issue raised on who is Commodore Bainimarama to set the parameters for the new constitution, the Prime Minister had this to say.

“So who should be setting the parameters for the process. Him and his father?”

August 16, 2012

The Fiji Corrections Service (FCS) has called on critics to stop making comments against the constitutional submission process.

The five-member Constitution Commission started travelling to parts of the country last Friday to hear submissions from members of the public.

Commissioner of Corrections Lieutenant-Colonel Ifereimi Vasu stressed to his senior officers the importance of participating in the formulation of Fiji’s new Constitution when the Commission visits the service next week.

“I urge all of you to come up with your ideas and what you think should be included in our new Constitution.

“It is an opportunity for us to make Fiji a better place so I urge you all to make use of it,” Lieutenant-Colonel Vasu said.He said it was not good to criticise the new Constitution if people did not submit their views. “We must remember that this is not for us, this is for our children – for the future of our country,” Lieutenant-Colonel Vasu said.

He said it was important that members of the service unite in the submissions. The service is among public institutions that have been permitted to make official submissions.

Prime Minister Commodore Voreqe Bainimarama has today revealed that he has spoken to the chairman of the Constitutional Commission Professor Yash Ghai a number of times stating that there are no restrictions on people making constitution submissions.Professor Ghai has said that certain laws should be reviewed if they are not conducive to a free environment. He said any restrictions on freedom of expression, freedom of the assembly and media freedom should be removed.He also said it is not fair for the government to criticize any submissions from anyone including political parties and NGOs.

Professor Ghai said it should be a free process and every Fijian must be heard.

Professor Ghai said the laws need to be reviewed to ensure that there is a truly inclusive process.

Commodore Bainimarama said Professor Ghai knows there are no restrictions on submissions in the constitutional process.

“I’ve said that the commissioners need to get on with the job. They have a mandate from the people of Fiji. They should listen to the views of Fijians, collate the submissions and draft the constitution based on the submissions along the relevant decree and hand the draft constitution to His Excellency the President. They should get on with the job. The comments by the Chair are unfortunately misplaced. None of the laws. He has been told that time and again and the people of Fiji have heard about this. None of the laws currently in place stop any Fijian or hinder any Fijian from making any submission to the commission on any topic.”

Commodore Bainimarama also said it is clear that some people are trying to take over the process.

“What is happening is like a proverbial camel. They come in with their head into the tent and then their whole body comes in and they kick the owner of the tent out. That’s what him and the people they are listening to are trying to do. They are trying to get us back, bring back the old statements that they have been going on with for the last couple of months. The statement by the Chair also demonstrates the lack of fundamental understanding of our history, the influences at play that have for so long protected the elite of this country. On the contrary, the current laws provide for the safeguard of these unheard voices who have been marginalized to come forward and contribute.”

Commodore Bainimarama said Professor Ghai should know that the commission should be truly independent in its work.

“Comments that he is coming up with, I’ve heard that from people like Mick Beddoes, Shamima Ali and the trade unionists. I’d like to remind the Chair and the commission that at the swearing-in ceremony, the Chief Justice reminded the commissioners that they hold a quasi judicial position. This means amongst other things the commissioners should not be giving a running commentary on the proceedings. They should be completely independent. They should not give preferential treatment to certain segments or individuals in society who they meet privately and they should adhere to the laws in Fiji including the decrees that created the commission.”

The Prime Minister said he knows there have been a number of private meetings with certain individuals.

“They have been meeting privately with this group of politicians, NGOs and trade unionists who are pressuring him to come up with this statement and he should get away from that. I’ve told him a few times that he should get away from these private meetings. If they have anything to give to him in submissions, give it in the constitutional commission setting, not in private settings. That is the problem that we have here. He is pressured by these NGOs and politicians. These are the same group of people that want to have a hand in the composition of the Constituent Assembly so that they can pressure him into doing this and to changing what they want done and in the Constituent Assembly, have it cemented before they move into elections.”

Commodore Bainimarama stressed that he will not let these people having private meetings influence what is supposed to be done.

The Fiji Women’s Crisis Centre believes that people should not comment on submissions that are being made to the constitution commission.

A statement from the FWCC says everyone has a right to put his or her views forward and continuous commentary on submissions can deter others from expressing themselves freely.

Centre Coordinator Shamima Ali says while some believe that there are problematic areas regarding an open and free consultation process, they recognize that many are coming forward to make submissions.

Ali says for people who want to utilize this process, they should view it as an opportunity to map out a future for Fiji with the making of a new Constitution and it is imperative that mistakes of the past are not repeated.

She adds, contributions to the process must respect the rule of law, human rights and democracy.

The Fiji regime leader has decided to exclude a leading women’s advocate, Shamima Ali, from the Constituent Assembly to be formed next year.

Commodore Frank Bainimarama has told the website Fijivillage that the assembly will be made up of credible people who think positively about Fiji’s future, adding that she is not in the league.

The regime move comes after Fiji’s three leading women’s organisations said some of the non-negotiable principles in the constitution are matters for the people to decide, not for the state to dictate.

Commodore Bainimarama has dismissed the suggestion, saying the constitution process is not for grandstanding.

Commodore Bainimarama, whose regime wants its immunity for actions in the 2006 coup inscribed in the constitution, has been given the power by decree to choose the Assembly.

The new constitution is expected to be ready for elections promised for 2014.

The regime abolished the 1997 constitution in 2009 after the appeal court ruled that the post-coup interim government was illegal.

THE Constitution Commission is worried that women are not coming forward to make their submissions on what they felt should be included in the new constitution.And the commission is hoping to seek other provisions where a special meeting can be organised for women where they can speak freely in the absence of men.Commission chairman Professor Yash Ghai told The Fiji Times yesterday that since day one, no woman had come forward to make their submissions."We are concerned really because we do not know what the problem is," Prof Ghai said.

He said women held different perspectives of life and it was only fitting that they be heard on how their interest could be safeguarded.

He said Fiji's scenario was quite different from other countries — which he assisted in formulating their constitution — where women were fully represented through such consultations.

Prof Ghai said this was a big issue because most women, from their own observation, were reluctant although they made an effort to come to the venue and listened to submissions made by men.

"These laws are not just for women, it's for everyone including women. I plead to all women to stand up and make their voices heard now," he said.

Prof Ghai said it was important that women understood this process and how it could impact on their lives once it became the document for all Fijians.

He said women's problems and concerns were much more different from men as they would focus more on family related matters.

Commission members Penelope Moore and Christina Murray said it was disappointing to see women not coming forward to make submissions.

"The panel have more women than men which should give them the confidence to speak their mind from their heart, and make their submissions in whatever way they like," Ms Moore said.

The Soqosoqo Duavata ni Lewenivanua party is now working with its political partners, which also includes the National Federation Party for constitution submissions.

Earlier, the SDL had indicated they would work with the Fiji Larbor Party and United Peoples Party in drafting submissions for the new constitution.In a sudden twist, NFP is also now being mentioned as SDL’s political ally.

This was revealed by SDL media liaison officer Mesake Koroi.

“We are working with our respective partners in collating our submissions. The SDL Party is not restricted to one particular group of people. The Soqosoqo Duavata ni Lewenivanua is inclusive of any individuals who are interested in joining the party.”

Earlier today, Koroi confirmed SDL was yet to make submissions.

He adds the document that was handed to the Commission last week came from a handful of supporters.

The SDL has denied that Solomoni Naivalu led a team to the constitutional hearing.

However, the SDL again feel short on taking a position on the controversial submissions.

The Soqosoqo Duavata ni Lewenivanua party has finally broken its silence over the controversial submissions to the Constitutional Commission.

Speaking exclusively to FBC News, SDL Media Liaison Officer – Mesake Koroi confirms the party is yet to make its submission.

He adds the document that was handed to the Commission last week came from a handful of supporters.

The SDL has denied that Solomoni Naivalu led a team to the Constitutional hearing.

“It’s unfortunate that people are reading into it as if it’s the SDL party’s official submission. I can assure you that it is not the case. But that does not mean to say that SDL supporters when they make their submissions, it is part of SDL’s submission. They are free to say what they want in their own submissions. I can assure you that the SDL party’s submission is still being worked at.”

Apparently, Naivalu was only present at the session where the submissions – which have caused wide spread controversy – were presented by SDL supporters.

Constitutional Commissioner, Penelope Moore has confirmed that their records state that the SDL party made a submission in Suva and Nasinu.

Moore has confirmed that the submission clearly stated that it was from the SDL on both occasions.

Fijivillage has been informed that the SDL’s plan was to make the same summarized version of the party’s submission at different venues.

When questioned on this, Moore has said this can be done however the commission is also looking at diverse views.

Fijivillage has highlighted that senior SDL party officials had made the submission on the first day of consultations at the Suva Civic Centre.

According to our recordings of the submissions which are also recorded by the commission staff and confirmed by Commissioner Moore, the SDL officials said on the record while presenting their submission that it was being made on behalf of the SDL party. This was done in the presence of SDL President, Solomoni Naivalu.

Copies of the submissions presented were then given to Fijivillage and the commission staff by the SDL officials.

In the SDL submission to the Constitution Commission, it wants Fiji to be declared a Christian State, Christianity to be the state religion and Fijian to be the national language of the state.

SDL said in the submission that they also want the name “Fijian” to be reserved for the indigenous Fijians and all citizens to be called “Fiji Islanders”.

SDL also proposed that there should be no provisions for dual citizenship.

They propose that parliament and senate should be retained, some communal seats to be retained and the balance to be won under the one man one vote system.

On the appointment of the country’s President and Vice President, SDL has suggested that they should still be appointed by the Great Council of Chiefs.

Now SDL has released a statement saying it is not their submission and they will make their presentation in September or October.

According to a statement released by Mesake Koroi, Party President Naivalu said he was only present during the consultations to observe how Professor Yash Ghai conducts the public submissions.

SDL also said that it is a multi racial party.

However, the party said it is motivated by the ideals and principles of Christianity but at the same time is not oblivious to the religious beliefs of other ethnic communities in Fiji.

AMNESTY INTERNATIONAL

On 3 August, Laisenia Qarase, Fiji’s former Prime Minister, was sentenced to one year in prison by the High Court of Fiji on abuse of office charges. Amnesty International is concerned that the charges were politically motivated, and believes that Qarase may have been imprisoned solely for his political beliefs and his opposition to the current military government.

Qarase has been a vocal critic of the government, which overthrew his government on 5 December 2006. In 2007, he brought a case against the military, which led to the Fiji Court of Appeal ruling on 9 April 2009 that the coup was illegal. The following day, the military government abrogated the constitution and dismissed all judicial officers. Some judicial officers were subsequently reappointed.

Qarase was charged in 2008 in relation to incidents which took place more than 20 years ago. According to the prosecution, as a financial advisor to the Fijian Affairs Board and Director of Fiji Holdings Limited (FHL) in 1991, Qarase applied to purchase shares in FHL on behalf of a number of companies. Qarase denies any wrongdoing and claims that he followed proper company procedure and laws when applying for the shares.

The Fiji Independent Commission Against Corruption (FICAC) claims that Qarase breached his duty as a government official by failing to disclose his interest in the other companies when he applied for shares. However, it is not clear how the purchase of shares in a private company led to the charges of abuse of office. Qarase denies that he was a government official at the time of the alleged offence. Even if he had been a government official, Amnesty International is not aware of any evidence that indicates that Qarase misused his position to obtain an unfair advantage.

Amnesty International is also concerned about other individuals facing trial on criminal charges which appear to be politically motivated. Daniel Urai, President of the Fiji Trade Union Congress, was charged with sedition after meeting with unionists in Australia and New Zealand in late 2011. Mere Samisoni, a 74-year Fiji businesswoman and former politician, was charged with trying to overthrow the government earlier this year. Samisoni has been a vocal critic of the military government and has close family ties to Lieutenant Colonel Tevita Mara, who abandoned his military post and fled to Tonga in May 2011.

Amnesty International calls on the Fiji government to:

Immediately and unconditionally release Laisenia Qarase from prison if he is being held solely because of his political beliefs;

Ensure that Daniel Urai and Mere Samisoni receive a fair trial in accordance with international human rights law and standards.

Amnesty International has called on the government of Fiji to repeal a decree that would drastically restrict workers' rights and to immediately cease the harassment of union leaders.

Government measures published on 29 July would, if enacted, violate international labour law and Fiji’s human rights obligations. The government must ensure that Fiji’s workers are able to exercise their labour rights freely.

Fiji has an obligation to uphold the rights of its workers - including the specific rights to organize, to bargain collectively and to strike.

The “Essential National Industries (Employment) Decree” published in the government Gazette, would take away nearly all collective bargaining rights, severely curtail the right to strike, ban overtime payments and void existing collective agreements for workers in key sectors of the economy including sugar, aviation and tourism. The Decree also authorises employers in government-designated enterprises to dictate working conditions while denying their workers the right to a voice through independent unions.

The latest measures open a new flank in a wider attack on unions in Fiji, where workers are facing repression from the authorities, including the harassment of leaders of the Fiji Trades Union Congress. Virtually all public sector workers have already had their employment and union rights summarily curtailed though an earlier Decree in May this year.

The government of Fiji claims that the measures are needed to ensure the development, viability and sustainability of industries that are essential to the economy, but the best way to achieve these goals is by respecting the fundamental human rights and dignity of those whose labour underpins these enterprises. As it is, Fiji is failing in its duty to deliver decent work to its people. Forty percent of Fijians are reported to live below the poverty line of $1.25 a day, and more than half of those in full time employment earn wages below the poverty line. Independent trade unions are sorely needed.

Fundamental human rights are at stake, including the right to freedom of association and assembly, and the right to organise. Amnesty International stands steadfast in solidarity with workers in Fiji and the Fiji labour movement in their struggle to defend their rights.

Amnesty International is further concerned by the 4 August arrest of Fiji Trades Union Congress (FTUC) President Daniel Urai and Hotels Union staff member,Dinesh Gounder, and the harassment of FTUC General Secretary Felix Anthony. The two men have beencharged under the Public Emergency Regulations (PER) for holding a meeting without a permit. Both have been freed on bail and are due to appear in court on 2 September.

The arrests and harassment of trade unionists are a violation of the ILO Declaration of Fundamental Principles and Rights at Work and of Fiji’s obligations to respect freedom of association and assembly and the right to organise. Trade unionists should not need permits or permissions to meet their members.

The 2009 Public Emergency Regulations enable the government to violate key human rights whilst promulgating impunity for those committing such violations. Amnesty International continues to call for an immediate repeal of these regulations.

BACKGROUND

0n 8 August the ILO expressed “its serious concern about developments in Fiji”, including the arrests of the two trade union leaders under the PER and the new restrictive Decree.

Under international law, all workers have a human right to form and join trade unions, to bargain collectively and to strike.

These rights are an essential foundation to the realisation of other rights, and are enshrined in the Universal Declaration of Human Rights and conventions adopted by the International Labour Organization (ILO), including core conventions 87 and 98 which have been ratified by Fiji.

As a member of the ILO, the Government of Fiji also has a commitment, through the 1998 ILO Declaration on Fundamental Principles and Rights at Work, to respect, promote and realize the fundamental rights set out in the organization’s core conventions.

Moves to limit fundamental workers’ rights in Fiji are also at odds with commitments made under the Cotonou Agreement which defines the European Union’s relations with 79 countries from Africa, the Caribbean and the Pacific, including Fiji.

EMPLOYING sanctions to press tinpot military regimes into holding elections is a common enough tactic by bigger powers. Less obvious is when sanctions should ease off. So it has proved with Fiji, in the South Pacific. The island-state was thrown out of both the Commonwealth and the Pacific Islands Forum after its army-installed government breached a promise to hold elections in 2009. Now, largely following its own timetable, the government led by a military commander, Frank Bainimarama, has taken some faltering steps towards elections scheduled for September 2014.

A commission charged with drawing up a new constitution has begun public hearings, headed by a veteran Kenyan lawyer, Yash Ghai, and an electronic voter-registration campaign has also been launched. In response, Australia and New Zealand, the region’s big powers, have relaxed travel restrictions to Fiji. On July 30th they announced plans to appoint new high commissioners to replace those ejected in the years since the 2006 coup.

Some critics, including overseas Fiji pro-democracy campaigners, say the easing of sanctions is premature. Reciprocal concessions from Mr Bainimarama’s government would have strengthened confidence that the scheduled elections will be free from military interference, but they have not followed. Instead, on August 3rd, Fiji’s courts jailed Laisenia Qarase, the prime minister deposed in the 2006 coup. His alleged offence, failing to disclose an interest in transactions over two decades ago when he headed Fijian Holdings, a conglomerate founded by customary chiefs, brought him a year-long prison sentence. That is likely to be enough to bar him from contesting the 2014 polls. A similar fate, for alleged financial dealings without the central bank’s consent, may await Mahendra Chaudhry, one-time dominant leader of the minority Fiji Indians. These two politicians led parties—the Soqosoqo Duavata ni Lewenivanua and the Fiji Labour Party respectively—which together accounted for 84% of the national vote at the most recent elections.

In theory, the trials of Mr Qarase and Mr Chaudhry are free from government control. Yet a recent report from Britain’s Law Society Charity argues that Fiji’s courts are nowadays plagued by political interference, particularly at the behest of the attorney-general, Aiyaz Sayed Khaiyum.

Such concerns do not emanate solely from outside Fiji. Mr Ghai’s commission says that press censorship, the excessive powers of the security services and a lack of avenues for citizens to seek redress through the courts are all impeding its work. The government wants the commission to present its report to a constituent assembly in January 2013. Yet Mr Ghai’s team argues that granting control over the size and composition of the constituent assembly to none other than the prime minister, Mr Bainimarama, violates “essential principles of democracy”. In response, Mr Sayed-Khaiyum (Mr Ghai’s former student, as it happens) criticises the commission for overstepping its brief.

For Australia and New Zealand, there is no obvious alternative to putting faith in the 2014 elections. A former Australian foreign minister, Alexander Downer, says that the endless stand-off with Fiji is achieving nothing. Australian businessmen, too, are concerned that the diplomatic impasse in the midst of the Pacific Islands region is opening the door to Chinese investors, especially in the mining and construction industries.

Nor should the extent of the policy reversal by Australia and New Zealand be exaggerated. Their refusal to appoint new diplomats was motivated initially by concerns that their replacements might also be expelled. It was never intended as a punishment. Meanwhile, extensive travel bans might have made sense as a swift reaction to a military coup, but five-and-a-half years later such restrictions risk only reinforcing Fiji’s isolation. Getting in behind Mr Ghai’s constitutional review may, in the end, prove unsuccessful. But just now it is the only plausible route through which military rule in Fiji might end.

Fiji joined NAM last year as its 120th member and through this membership the island nation has now enhanced its relations with the other 119 member countries of the NAM.

According to the Fijian authorities on Friday, Prime Minister Voreqe Bainimarama will not be attending the NAM Summit.

Prior to the meeting, which will look at ways to revitalise and strengthen the movement and to reinforce its position on priority issues to developing countries, Kubuabola will attend the NAM Ministerial meeting on Aug 28-29.

The NAM, founded in Belgrade in 1961 by leaders then Yugoslavia, India, Egypt, Ghana and Indonesia, is a group of states considering themselves not aligned formlly with or against any major power bloc. As of 2012, the movement had 120 members and 21 observer countries.

The NAM countries represent nearly two-thirds of the United Nations's members and contain 55 percent of the world population. Membership is particularly concenrated in countries considered to be developing or part of the Third World of which Fiji is considererd, Xinhua quoted a local media's report.

The spokesperson for a Fiji non-government organisation says the interim government must ease pressure on the media to ensure the constitution consultations work properly.

Several NGOs say the process is being undermined by the continuing media constraints.

The Fiji Women’s Crisis Centre’s Shamima Ali says there is self-censorship and journalists need to show more spine but she says it is common knowledge the media operates under pressure from the regime.

She says if the government takes offence at coverage of a story there are immediate phone calls to the offending journalist.

“So we are getting regular reports of that, so that needs to be removed. The state, when it talks about a free environment people should not fear then it should start acting in that way also, to remove that fear from reporters and journalists.”

Shamima Ali.

The NGOs says the interim regime’s non-negotiable principles and its demand for immunity must go if the consultations are to succeed.

August 08, 2012

Fiji’s Constitution Commission chairman Yash Ghai says indigenous people’s rights and freedom of religion are among the strongest themes surfacing so far at its hearings in Suva.

The Commission has begun collecting views as part of its work towards a new constitution which the interim government wants in place before elections in 2014.

Sally Round reports.

Professor Ghai says the Commission has been sitting for just a few days in the capital and had about 60 submissions so far with a wide range of views.

He says indigenous people’s rights in relation to land and traditions is a prominent theme, as is religion.

“The principle which we are supposed to observe in making the constitution requires the state to be secular. Some people are saying it should be a Christian state. Maybe there is some misunderstanding about the concept of a secular state. Some people think this is an empty religious position. We try to explain a secular state is not necessarily anti-religion and the Bill of Rights will firmly have a strong protection of freedom of religion.”

Professor Ghai says people are also concerned about government structure.

“Most people want a directly elected president even though they support a parliamentary system whereas some others are saying it’s time we tried another system. The one they recommend is a US type presidency.”

There have also been calls for better social justice and policies for the disabled.

The Commission chairman says young people seem to be more in line with at least one of the principles already decreed by the interim government as a "must" for the new constitution.

“They wanted a Fiji which had political integration; parties are not linked to a particular community but represent particular people with a particular view across a country and across a racial division.”

Before the Commission began its work Professor Ghai called for a review of laws to make sure people could give their views freely.

The interim government has since lifted restrictions on meetings but controls remain on the media and security forces still have wide reaching powers.

So now the hearings are underway, does Professor Ghai feel people are coming forward freely with their views?

“I think those that come to us are speaking quite openly, frankly and sometimes when I probe them, or we probe them, they seem to be, as one person said, (speaking) from their heart. But what may be happening and we don’t know yet, is that people who are afraid are not coming to us at all.”

Professor Ghai says he brought up that issue again with the interim Prime Minister Commodore Frank Bainimarama on Monday.

“If there are such fears of if there is legislation which inhibits them from coming forward then the government must deal with that situation. I said it could just be that these meetings were announced recently and people are at work but I said people have been telling us that people are a bit nervous about coming out openly.”

Professor Ghai says the regime leader clearly wants full participation and he has urged civil servants to prepare their submissions.

Professor Ghai has, in the meantime, called for a study of remaining laws which may be restricting debate.

The five-person commission moves out of Suva on the 20th with two more months of hearings around the country.

However, one of the Moody’s Investors Service analyst, Christian de Guzman, says Australia’ and New Zealand’s announcement that high commissioners will again be exchanged with Fiji is positive.

“We believe that it is very important for the economy to receive foreign investments for one thing more tourists another and just generally more trade and we believe that the restoration of diplomatic relations between Australia and New Zealand and Fiji would actually help along those line.”

Christian de Guzman says that the successful reform of Fiji’s sugar industry could also help bring the country’s credit rating up.